This bill mandates that the Department of Homeland Security must approve state and local requests for immigration enforcement agreements (287(g) programs) unless there is a compelling reason, while also making termination of such agreements extremely difficult.
James Risch
Senator
ID
The 287(g) Program Protection Act mandates that the Department of Homeland Security (DHS) must approve nearly all requests from state and local law enforcement agencies seeking agreements to assist with federal immigration enforcement. This legislation significantly restricts DHS's ability to deny or terminate these agreements, requiring extensive justification and advance notice for any denial or cancellation. Furthermore, the bill transfers authority over the Breached Bond Detention Fund to DHS and requires annual reporting on program performance and recruitment efforts.
New 287(g) Bill Forces DHS to Approve Local Immigration Enforcement, Strips Federal Oversight
This bill, the 287(g) Program Protection Act, is designed to make it much easier—and in many cases, mandatory—for local police and sheriff’s departments to act as federal immigration agents. Essentially, it strips the Department of Homeland Security (DHS) of most of its ability to say no to state and local governments that want to get involved in federal immigration enforcement, and it makes it incredibly difficult for DHS to cancel those partnerships once they’re in place.
The Federal Government Loses Its Veto Power
Right now, the 287(g) program is discretionary; DHS decides which state and local agencies get to participate. This bill flips that on its head (SEC. 2). If a qualified state or local government asks to enter into one of these agreements, the Secretary of Homeland Security must approve it, and they can’t cap the number of agreements they sign off on. The only way DHS can deny a request is if there’s a “compelling reason not to,” and even then, they have to publish a detailed explanation in the Federal Register 180 days before the denial is final. Think of it like this: the local police department gets to set up the partnership, and the federal government has to foot the bill for the oversight, but the local government pays the operational costs.
This mandatory approval process means that jurisdictions previously uninterested in or unable to secure a 287(g) agreement could now force the federal government’s hand. For individuals who might be subject to enforcement actions—like getting pulled over for a traffic violation—this means that immigration enforcement could suddenly become a local priority, even if the federal government didn't prioritize that area before.
Making Breakups Nearly Impossible
If you’re concerned about how these local partnerships are run, this bill makes it extremely difficult to end them. DHS can’t just terminate an agreement because it’s ineffective or problematic. They need a “compelling reason” and must give the local agency a 180-day written notice with evidence backing up the termination grounds (SEC. 2). Even worse, the agreement stays fully in effect during that notice period, and the local agency gets the right to appeal the decision in court. If a local police department is found to be abusing its authority, the process to stop them could take years of legal wrangling, all while the enforcement continues.
Local Agencies Get to Pick Their Model
The bill also gives local agencies total flexibility in how they want to enforce immigration law. They can choose any model that works for them—patrols, task forces, jail-based enforcement, or a combination (SEC. 2). This means a local sheriff could use the agreement to focus on roadside stops and neighborhood patrols, dramatically increasing the visibility and frequency of immigration enforcement in the community. For workers just trying to get to their job site or parents driving their kids to school, this means a higher chance of encountering federal immigration scrutiny during routine police interactions.
On the administrative side, the bill standardizes training for local officers involved in the program, requiring it to meet the standards set by the Federal Law Enforcement Training Center (SEC. 2). While standardized training is a good thing for professionalism, the Secretary of Homeland Security has only 180 days after the bill becomes law to issue the public notice on the new rules (SEC. 5).
Tracking the Enforcement Machine
To keep tabs on this expanded program, DHS must publish an annual performance report (SEC. 4). This report will detail metrics like how many immigrants were apprehended, how many were removed, and the reasons why others weren't deported. They also have to track complaints and terminated agreements. Critically, DHS also has to publish a five-year recruitment plan, showing how they intend to get more states and localities involved in the 287(g) program every year. This ensures that the focus remains on expanding the program, not just managing the existing partnerships.